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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)
A. The lower court erred by misapprehending the legal doctrine on factual mistake or misapprehension of the legal doctrine, and convicted all of the Defendant that the Defendant did not commit an indecent act as stated in the facts charged in the instant case.
Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of judgment.
B. The punishment of the lower court is too heavy.
2. Determination
A. Determination 1 on the assertion of misunderstanding the facts or misapprehension of the legal doctrine includes not only cases where the other party commits an indecent act after making it difficult to resist by assault or intimidation, but also cases where the body of the person who commits the indecent act is deemed to be an indecent act. In this case, the assault must not necessarily be enough to suppress the other party’s intent.
An indecent act is an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether an act constitutes such an act shall be determined with careful consideration of the victim’s intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, and sexual morality in the age (see, e.g., Supreme Court Decision 2013Do7838, Sept. 25, 2014). Moreover, the subjective motive or purpose is not required to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act (see, e.g., Supreme Court Decision 2013Do586, Sept. 26, 2013). Meanwhile, considering the credibility and credibility of the appellate court’s judgment based on the spirit of substantial direct deliberation adopted by our Criminal Procedure Act, the judgment of the first instance court is legitimate.